scholarly journals Land Use And Protection Control Of Ukraine: Control Function

2019 ◽  
pp. 114-119
Author(s):  
O.A. Vivcharenko
Keyword(s):  
Land Use ◽  
Land Management ◽  
Local Governments ◽  
Control Function ◽  
The State ◽  
State Control ◽  
Legal Form ◽  
Land Protection ◽  
Rational Use ◽  
The Law

The article explores the legal problems of control on the use and protection of the lands of Ukraine. Specific tasks, functions, controls, forms and methods of its implementation are covered, which defined in the Law of Ukraine «On State Control of Land Use and Protection» of 19 June 2003. Important means of controlling land use and protection are: land monitoring, state cadastre and land management. The State Land Cadastre is an important function of the state land management, through which the state influences the process of rational use and protection of land resources. The state land cadastre is designed to provide local governments, interested businesses and citizens with information about land for the purpose of organizing its rational use and protection. It contains a system of necessary information and documents on the legal regime of land, their distribution through landowners and land users, including tenants, by land categories, etc. Land use control and protection is one of the important functions of public administration in this area of public relations. Land control should be considered not only as a function but also as a legal form of activity. It should be noted that control is exercised: a) for all subjects of land relations, and not only for legal and natural persons; b) applies to all land irrespective of ownership. Specific tasks, functions of control over land use and protection, as well as forms and methods of its implementation as defined in the Law of Ukraine «On State Control of Land Use and Protection» of 19 June 2003. As a conclusion, the current legislation of Ukraine in the field of land use and protection control distinguishes between state control over land use and protection and state control over the observance of land protection legislation. The first concept is broader than the second, which reflects on the scope of powers of state bodies in this field.

scholarly journals Ecological and economic aspects of rational use and protection of land resources in Ukraine

2017 ◽  
Vol 19 (79) ◽  
Author(s):  
T. B. Nahirniak ◽  
R. S. Grabovsky ◽  
M. R. Hrytsyna
Keyword(s):  
Land Use ◽  
Agricultural Development ◽  
Agricultural Land ◽  
Arable Land ◽  
The State ◽  
Integrated System ◽  
Economic Aspects ◽  
Land Protection ◽  
Rational Use ◽  
High Level

The current state of land use in Ukraine is characterized by high agricultural development and land cultivation. The predominant share in the total land stock of Ukraine is occupied by agricultural land (70.8% of the country's territory). Ukraine accounts for about 0.45% of the world land fund, while arable land occupies 2.4% of its world-wide area. According to resource-based indicators of land use Ukraine is also characterized by an extremely high level of development of living space and only about 8% of the territory can be attributed to anthropogenically unchanged. Ecological and economic aspects of land use include of rational land use, which characterizes the optimal involvement of all lands in economic circulation and their effective use for the main purpose, creation of favorable conditions for increasing productivity of agricultural land and obtaining from the unit of area the maximum amount of products at the lowest cost of labor and funds. The article substantiates that degradation of soils has its own characteristics, caused by various factors and processes. It is established that the practice of land use and the state of study of the above problems will require further study of the preconditions for the development of land degradation processes caused by the main factors: human economic activity and climatic and relief-ground conditions. The existing system of land protection in agriculture due to the influence of a number of natural and economic factors, as well as insufficient attention from the state does not ensure their rational use. Therefore, it is necessary to adhere to an integrated system of protection of agricultural land.

scholarly journals Formation of conditions of rational use of agricultural lands

2021 ◽  
pp. 74-80
Author(s):  
Tetiana Ivaniuk
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
Economic Activity ◽  
Agricultural Land ◽  
The State ◽  
Agricultural Lands ◽  
Land Protection ◽  
Rational Use ◽  
Agricultural Enterprises ◽  
Land Relations

Purpose. The aim of the article is determining the conditions of rational use of agricultural land conditions and substantiation of measures to optimize the distribution and rational use of agricultural land. Methodology of research. General scientific and special methods are used to achieve this goal: the dialectical method of scientific knowledge – to consider the essence of the rational use of land and its protection; synthesis – to clarify the relationship between the subjects of land relations; analysis – to assess the constituent elements of agricultural land; graphic – for visual display of the obtained results; abstract and logical method – for the formation of conclusions and research proposals. Findings. The state and rational use of land in the region and the state are studied. The structure of agricultural lands in Ivano-Frankivsk region and Ukraine is analysed. The main ecological and economic aspects of land tenure and land use in agriculture are described, including changes in land relations. The main reasons that caused the negative trends of rational use and protection of land in agriculture are identified. Measures have been developed for the rational use of land in the economic activity of land and its protection. Originality. Approaches to the interpretation of the concept of “rational use of land” are systematized and generalized. Measures on rational use of agricultural lands in economic activity are offered, namely: creation and realization of innovative scientific and technical programs in the field of rational use of lands and their protection; improving the regulatory framework in the field of land relations; development of a mechanism for financing programs; introduction of environmentally friendly ways of agricultural production, etc. Practical value. The expediency of studying and forming the conditions of rational use of agricultural lands is proved. The results of the study can be used by agricultural enterprises in conducting business activities. Key words: agricultural lands, rational use of lands, land protection, land tenure, land use, land fund, agricultural enterprises.

scholarly journals Provision of Registration Services by Public Administration Agencies in the Field of Land Protection

2019 ◽  
Vol 73 (2) ◽  
pp. 63-68
Author(s):  
М. В. Чорна
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Land Rights ◽  
Legal Regulation ◽  
The State ◽  
Private Land ◽  
Land Protection ◽  
Private And Public ◽  
The Law ◽  
State Registration

The author of the article has stated that the land relations reform and the start of decentralization led to changes in the system of public administration agencies in the field of land protection and expanded their powers, for example, to provide registration services. The author has paid attention to the fact that the current Land Code of Ukraine (hereinafter referred to as the LC of Ukraine), in particular the Section VII “Administration in the field of land use and protection”, provides the execution of only management functions in the field of land protection by public administration agencies. It has been emphasized that there were no complex studies in Ukraine concerning theoretical and applied problems of legal regulation of service relations, in particular the provision of registration services, in the field of land protection with the participation of public administration agencies, which would be based on the current legislation. The author of the article has stated that the provision of services in the field of land protection is a new type of activity for public administration agencies in the field of land protection. Service legal relations ensure the realization of private and public interests and are formed in those areas of land use and protection management, where public and private land interests are interdependent. Thus, the owner is interested in fixing and publicly announcing his land rights in the field of state registration of land rights. But parties concerned cannot ensure their private interests without the assistance of the state. Thus, the state, represented by public administration agencies, guarantees that the state registration of land rights is in the interest of one and all. It has been noted that currently the legal regulation of service relations for the provision of registration services in the field of land protection has not been enshrined either in any general regulatory act, which is the Law of Ukraine “On Administrative Services” gated from September 6, 2012 No. 5203-VI, or in special regulatory acts, such as the LC of Ukraine and the Law of Ukraine “On Land Protection”. Such circumstances necessitate a change in the existing approaches to the legal regulation of service relations for the provision of registration services in the current legislation and to enshrine provisions for providing the registration services in the field of land protection by public administration agencies in the LC of Ukraine, namely in the Section VII “Administration in the field of land use and protection” and in the Law of Ukraine “On Land Protection”.

Some regulation of agricultural land use and regulatory arrangements

2018 ◽  
Vol 22 (03) ◽  
pp. 52-57
Author(s):  
Sodgerel P ◽  
Narantuya A
Keyword(s):  
Land Use ◽  
Land Management ◽  
Agricultural Land ◽  
Livestock Production ◽  
Agricultural Land Use ◽  
Rational Use ◽  
Management Measures ◽  
The Law ◽  
The Stability ◽  
Oriented Approach

Legislation on cropping is to regulate the relations pertaining to the cultivation, establishment of crop areas, rational use of farms, protection of soil and improvement of crop and intensive livestock production. However, there is a lack of enforcement and lead to disagree with crop and herder farmers. In this study, the consequences of enforcing the law were to suggest a scientifically-oriented approach. According to the results of the survey, crop farms in Darkhan-Uul aimag are crowded in one place and over 200 hectares are expected to undermine the stability of the landscape. Some provisions for the implementation of the Law on Crops are: 24.2 and 24.4 tend to conflict with herders and farmers. Consequently, ecologically and adapted land management measures are essential.

scholarly journals Problems Regarding Treatment of Disturbed Land in Ukraine

2021 ◽  
Author(s):  
L, Hunko ◽  
◽  
K. Berezhna ◽  
Keyword(s):  
Local Governments ◽  
The State ◽  
State Control ◽  
Public Authorities ◽  
Land Protection ◽  
Limestone Quarry ◽  
Foreign Experience ◽  
Disturbed Land ◽  
The World ◽  
Administrative Responsibility

The article considers the problems and features of reclamation of disturbed lands of Ukraine in terms of regions, describes the need and importance of land protection in Ukraine and the world and the implementation of measures for reclamation of disturbed lands. The number of disturbed and reclaimed lands in Ukraine as of January 1, 2021 was analyzed and reclamation works were carried out for 2020. The main issues of legislative conflicts that arise during the reclamation of disturbed lands or "non-reclamation" are highlighted. The measures of state control over the use and protection of lands of all categories and forms of ownership conducted by the Main Departments of the State Geocadastre in the regions for the period 2017 - 2020 are analyzed. An example of the use of a spent limestone quarry for construction is given on the example of the Dalhalla Theater and why such foreign experience cannot be applied in Ukraine. The administrative responsibility for "failure" to rehabilitate disturbed lands is highlighted. The problem that arises when accepting already reclaimed lands by local governments or public authorities has been identified. Recommendations are given for the introduction of more effective measures for the restoration of disturbed lands.

scholarly journals Legislative provision of regulation in the field of land use and protection

2021 ◽  
Author(s):  
Y. Dorosh ◽  
◽  
A. Barvinskyi ◽  
I. Novakovska ◽  
B. Avramchuk ◽  
...  
Keyword(s):  
Land Use ◽  
Local Governments ◽  
Legal Framework ◽  
Research Area ◽  
Practical Implementation ◽  
State Control ◽  
Protection Measures ◽  
Land Protection ◽  
Current State ◽  
Legislative Support

The current state of legislative support in the field of land use and protection is analyzed. It is established that the legal framework in this area, especially with regard to the powers of executive authorities and local governments, is characterized by a lack of system, clarity and specificity, which is a significant obstacle to the practical implementation of land protection measures. It is proved that the improvement of legislative support in the research area should be carried out by systematizing the relevant powers of executive authorities and local governments, filling existing gaps, eliminating unnecessary layers and conflicts in laws and regulations. The need to eliminate the dispersion and duplication of powers of executive authorities and local governments in the field of land use and protection to improve the efficiency of their activities in this area by making appropriate changes and additions to legislation. To this end, it is proposed to concentrate norms on similar powers of different ministries, services, inspections, local governments and local administrations in this area in one legislative act, and to strengthen state control over land use and protection, regardless of category and form of ownership, to restore the State Land Inspectorate. Ukraine with the granting of appropriate powers.

SCIENTIFIC APPROACHES TO THE DEVELOPMENT OF PLANNING DOCUMENTATION FOR THE UNITED TERRITORIAL COMMUNITIES

2018 ◽  
pp. 42-48
Author(s):  
Olha Dorosh ◽  
Iryna Kupriyanchik ◽  
Denys Melnyk
Keyword(s):  
Land Use ◽  
Urban Planning ◽  
Urban Development ◽  
Land Management ◽  
Planning Process ◽  
Town Planning ◽  
Land Use Systems ◽  
The Law ◽  
Land Use Development

The land and town planning legislation concerning the planning of land use development within the united territorial communities (UTC) is considered. It is found that legislative norms need to be finalized. The necessity of updating the existing land management documentation developed prior to the adoption of the Law of Ukraine "On Land Management" and changes in the structure of urban development in connection with the adoption of the Law of Ukraine "On Regulation of Urban Development" was proved as they do not ensure the integrity of the planning process within the territories of these communities through their institutional incapacity (proved by the example of the Palan Unified Territorial Community of the Uman district of the Cherkasy region). The priority of land management and urban planning documents as the most influential tools in planning the development of land use systems in UTC is scientifically grounded and their interdependence established.

scholarly journals Public Councils as a Legal Form of Partnership between the State and Its Citizens

2021 ◽  
Vol 9 (1) ◽  
pp. 96-117
Author(s):  
Pavlo Krainii
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Good Governance ◽  
Communicative Action ◽  
The State ◽  
Legal Form ◽  
Theoretical Concepts ◽  
Legal Forms

Today, the existence of every society and every state is marked with the presence of generally accepted phenomena that radically distinguish the legal status of an individual from his ancestors, who lived hundreds or even thousands of years ago. These phenomena are: democracy, legal society, human rights, good governance, participatory democracy, etc. The study of legal relations between an individual or a group of individuals and the state, represented by the system of government in one form or another, has been carried out by a large number of well-known legal scholars, sociologists, political scientists, and economists, all of whom offered numerous theoretical concepts, represented different scientific schools, and worked in various fields of research. The basic issue they have been trying to solve both in the past and at present is how an individual citizen or a group of individuals can influence the decision-making processes of public authorities that affect the interests of each of them. It turned out that the institutions we are aware of (like those of political parties, public organizations, unions) are not the only legal forms of association of the country citizens who seek to exercise public power and represent the interests of certain groups of their compatriots. The active changes that took place in the world after the Second World War, as well as the emergence of the third generation of human rights were a logical continuation of the growing influence of liberal ideas and views, which proved the existence of new scientific alternatives, ideas and concepts for developing the theory of deliberative democracy. The latter’s main objective was the idea of citizens’ active involvement in decision-making by the authorities and local governments, which consequently led to the phenomenon of public-private partnership. The article under discussion contains a legal analysis of the institution of public councils as one of the legal forms of such interaction through the theory of communicative action. At the same time, the paper will contain an attempt to analyze the current Ukrainian legislation that determines and regulates the legal status of public councils. This will enable to draw conclusions about the level of involvement of citizens in the decision-making process. In addition, the article will lay particular emphasis on a study of the already established and existing public councils in Ukraine, as well as will identify the positive and negative aspects of their activities, which will help to work out the problematic aspects of their legal status and offer practical ways to eliminate them.

scholarly journals A Discussion for the protection of the environnement in the law of planification in China

2020 ◽  
Vol 2 (3) ◽  
Author(s):  
Li Zhang
Keyword(s):  
Environmental Protection ◽  
Urban Space ◽  
Land Reform ◽  
Local Governments ◽  
The State ◽  
Practical Implementation ◽  
Rapid Urbanization ◽  
Process Of Urbanization ◽  
The Law ◽  
The Government

This article aims to answer the question that if the law of planification of China, really takes account of the objectives of environmental protection.   The answer is based on, first of all, the reform of system of land ownership (direct link of the development of urbanization). This article cracks the problem by two approaches: the state and collective property right. The first part of the analysis is macro-perspective, i.e., the course of land reform and the land users. In general, the state remains the sole owner of all the land and delegates the local governments to manage the use of land in China. However, the high interest undermines their roles, and degradation of environment in the process of urbanization continues. Based on this observation, we analyzed their administration, i.e., who are the actors and how the powers are shared. The lack of transparency and independence is in its structure, i.e., they have ambitions to have a good protection but the conflict appears frequently.    In the further part, micro-vision was employed. We focused on the regulations of planification, procedures and formalities that is deeply involved. In fact, we find that the volume of law was expanded and a need of consolidation is urgent for the coherence, accessibility and understanding of law. Then it follows the analysis of two typical procedures: the procedure of environmental assessment as well as participation. These procedures are the practical implementation of the consideration of the environment. The fact is that rapid urbanization resulted in a reconfiguration of the urban space, and the appearance of a variety of interests. The degradation of environment, coupled with the importance of urbanization has become a challenge to governance. People realized more and more issues related to housing, welfare and citizenship. This forces the government to change their policies and acts.    From different points of views- historical, political, administrative, legal and social- this research determines how a better environmental protection can play in law of planification. The reforms are envisaged, and there are still problems: the harmonization and consistency of the regulations, the clarity of the law for his efficiency and law security, the improvement of the process. Contrary to what is received, the government has intention to solve this question, as demonstrated by his consistency to innovation and reform in the field. At the present, planification, rather than a method of protection, works for the growth of the economy. Due to the lack of effective regulation, the real consideration of environment is still very limited.

scholarly journals Topical Issues of the Improvement of Legal Regulation in the Sphere of Subsoil Use

2020 ◽  
Vol 3 ◽  
pp. 85-90
Author(s):  
Roza N. Salieva ◽  
Keyword(s):  
State Energy ◽  
Legal Regulation ◽  
The State ◽  
State Control ◽  
Energy Strategy ◽  
Fund Management ◽  
License Agreement ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

This article examines issues pertaining to the improvement of the legal regulation of subsoil use relations in the Russian Federation. It contains specific proposals on the improvement of subsoil use law. The purpose of the legal regulation of subsoil use relations shall be enshrined in the Russian Law “On Subsoil” according to the objectives of the state energy policy for subsoil use and state subsoil fund management. The Law “On Subsoil” needs to reflect the subsoil use goals of the state described in Russia’s Energy Strategy until 2035. It seems reasonable to include a section containing basic terms and definitions used in the subsoil legislation into the Law “On Subsoil”. It is important to make sure the Law “On Subsoil” contains a rule stating that a license agreement is an integral and mandatory part of a license to help streamline the legal regulation of subsoil use licensing. It is advisable to reinforce the Russian Law “On Subsoil” and codify state control and regulation principles.

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